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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: April 10, 2001 

Subject/Title: Authorize Mayor to Execute Settlement and General 
Release in Anita Jones v. City of Brentwood and Amend the Budget 

Submitted by: Dennis Beougher, City Attorney 


RECOMMENDATION 
Authorize the Mayor to execute the attached Settlement Agreement and General Release in the matter of Anita Jones v. City of Brentwood and amend the City Budget for salary and benefits by $100,000. 

BACKGROUND
Anita Jones, former Director of Finance, filed an action for wrongful termination and various other causes of actions.

ANALYSIS
In late February, city's legal counsel conducted a mediation with a retired judge of the Contra Costa Superior Court, Honorable Ellen James, and attorneys representing the plaintiff. During the mediation process, various city policies and ordinances, some dating back to 1969, were determined to cause some legal exposure for the city. Rather than expose the city to potential large legal expenses and still win the case and with due consideration of plaintiff's 22 years of service to the city, the city legal advisor recommends approval of the attached settlement and general release. The key components of this settlement and general release are as follows:

1) Plaintiff will be reinstated and placed on administrative leave for a period of eight months with full pay and benefits until July 31, 2001 and then she will retire; and

2) To compensate plaintiff for decreased retirement benefits due to her early termination, the city would agree to pay her the difference in retirement benefits for her early retirement in the amount of $13,000 for a ten-year period. 

As this payments is not budgeted, the City's Director of Finance requests that the City's Budget for salary and benefits be amended to increase this line item by $100,000. 

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